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M/S. Sea Horse Shipping & Ship ... vs The Board Of Trustees Of The Port Of ... on 6 August, 2007 cites

Board Of Trustees Of The Madras Port ... vs Vinod Selvextracts Pvt. Ltd., Thatha ... on 12 June, 2002

8. This issue is directly covered by the decision reported in AIR 2001 MADRAS 413 (BOARD OF TRUSTEES OF THE PORT OF MADRAS V. S.S.CORPN.PVT.LTD.,) a case which arose out of almost identical facts and circumstances. There the goods arrived on 6.6.78. No one filed any import application and it was lying uncleared. The Port Trust gave notice to the defendant on 14.2.79. The first defendant who is the Shipping Agent repudiated their liability. There was no response from the consignee. The goods were confiscated and the suit was filed for recovery of the charges due both from the 1st defendant Steamer Agent and the second defendant as a consignee. The Trial Court dismissed the suit and the Port Trust filed the appeal.
Madras High Court Cites 29 - Cited by 4 - K R Pandian - Full Document

K.P.V. Shaik Mohammed Rowther And ... vs The Trustees Of The Port Of Madras, ... on 31 August, 1977

The learned Judge following 1974 TLNJ 284 (M/s K.P.V.SHEIK MOHAMED ROWTHER AND CO. v. TRUSTEEES OF THE PORT OF MADRAS) held that " The contract is between the Port Trust and the holder of the bill of lading viz., the consignee. The consignee is the bailor and the Port Trust is the bailee and the consignee of the goods, named in the bill of lading for the purpose of their Port Trusts Act, as regarded as owner of the goods irrespective of the endorsement on the bill of lading or issue of the delivery order by the steamer agent. The Port Trust is entitled to recover charges under the Major Port Trusts Act in respect of the goods from the owner, viz., the consignee. In the present case, the plaintiff is entitled to recover demurrage charges in respect of the goods only from the owner of the goods, namely, the second defendant and the first defendant is not liable for the same."
Madras High Court Cites 4 - Cited by 7 - Full Document

Sun Export Corporation & Anr vs Board Of Trustees Of The Port Of Bombay on 23 October, 1997

In that case it was claimed on behalf of the agent that once the cargo is discharged from the ship, the principal or agent have no right or interest in the goods and the steamer is not liable for the suit claimed. The learned Judge also relied on AIR 1998 SC 142(SUN EXPORT CORPORATION v. BOARD OF TRUSTEES OF THE PORT OF BOMBAY) wherein it was held that, " in the case of imports the liability to pay demurrage, on the endorsement being made on the bill of lading, would be that of the consignee."
Supreme Court of India Cites 7 - Cited by 23 - K Venkataswami - Full Document
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